Control of Asbestos Regulations 2012: How will they affect you?

The new regulations come in to force tomorrow (6th April 2012) replacing the Control of Asbestos Regulations 2006.

A major addition found in the Control of Asbestos Regulations 2012 is a 3rd licensing Category in addition to ‘Licensed’ and ‘Non-Licensed’. ‘Notifiable Non-licensed Work’, the new category for the most part comprises of activities which were ‘Non-Licensed’, but now requires notification to the relevant enforcing body before the works are carried out. ‘Non-Licensed’ activities now include a definition of allowable materials, which in broad terms only allows non-degraded, non-friable asbestos containing materials which aren’t deteriorated i.e. materials where asbestos fibres are firmly bound (A sensible approach in our eyes) to be handled without a License.

Working in an industry which deals with asbestos in soils, the new regulations do not make a difference to how we act when we find asbestos. We are looking forward to the results of research by LQM and IOM to be delivered in a ‘Guide to managing and understanding the risks of asbestos in soil and on brownfield sites’.

How will the new regulations affect you? We’re interested to hear the perspective from other industries.

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Just wanted to clarify a couple of points you’ve stated which could be mis-leading. There has been no change to the licensing regulations in CAR 2012, they have just added a new category into the non-licensed works, Notifiable Non-Licensed Works (NNLW).

All NNLW and non-licensed don’t require a license. The difference between NNLW and non-licensed is that with NNLW you have to notify the works to the relevant enforcing body, workers have to be under medical surveillance, and records need to be kept of all NNLW undertaken and who by. Works which were previously non-licensable, will still fall into one of these two categories and not require a license.